The New Terrain of International Law

Courts, Politics, Rights

Author: Karen J. Alter

Publisher: Princeton University Press

ISBN: 1400848687

Category: Political Science

Page: 480

View: 9978

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In 1989, when the Cold War ended, there were six permanent international courts. Today there are more than two dozen that have collectively issued over thirty-seven thousand binding legal rulings. The New Terrain of International Law charts the developments and trends in the creation and role of international courts, and explains how the delegation of authority to international judicial institutions influences global and domestic politics. The New Terrain of International Law presents an in-depth look at the scope and powers of international courts operating around the world. Focusing on dispute resolution, enforcement, administrative review, and constitutional review, Karen Alter argues that international courts alter politics by providing legal, symbolic, and leverage resources that shift the political balance in favor of domestic and international actors who prefer policies more consistent with international law objectives. International courts name violations of the law and perhaps specify remedies. Alter explains how this limited power--the power to speak the law--translates into political influence, and she considers eighteen case studies, showing how international courts change state behavior. The case studies, spanning issue areas and regions of the world, collectively elucidate the political factors that often intervene to limit whether or not international courts are invoked and whether international judges dare to demand significant changes in state practices.

The New Terrain of International Law

Courts, Politics, Rights

Author: Karen J. Alter

Publisher: N.A

ISBN: 9780691154749

Category: Law

Page: 450

View: 7348

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""The New Terrain of International Law" provides the most sophisticated account of how 'new style' international courts alter politics by reducing the monopoly power of governments to determine what the law requires. If you can read only one book on how international courts affect the politics of international law, this is the one to read."--Robert O. Keohane, Princeton University "This book gives a definitive account of the growing significance of international courts in global affairs. While the European Court of Justice has been considered the gold standard of supranational courts, Alter demonstrates the breadth of supranational courts spread across the globe. Showing how litigation before international courts can be a powerful tool, her book holds central policy implications."--Thomas Risse, Freie Universitat Berlin, Germany "International lawyers dislike having political scientists in their professional kitchen and political scientists often cannot conceal their disdain of 'naive' lawyers. Alter's carefully researched and insightful new book changes all that. There is no lawyer who will not become wiser from reading it, while many a political scientist will marvel at their failure to note a seismic change in the international order. Alter's voice is unique and indispensable."--J. H. H. Weiler, president of the European University Institute, Florence "This book is a landmark in the history of the study of international courts and tribunals--a true game changer. Sustained by a very thorough empirical analysis, it challenges a lot of established but outdated notions of what international courts and tribunals are and what they do."--Cesare Romano, Loyola Law School, Los Angeles, and codirector of the Project on International Courts and Tribunals "This comprehensive study places institutions at the center of the analysis and moves away from the debate about compliance that has dominated international law scholarship in recent years. Alter builds on her work on the Andean Court of Justice to examine a wide range of international tribunals, including several in the Global South, and to show the broad array of roles that these courts play. A nuanced analysis at the intersection of international law and politics."--Tom Ginsburg, University of Chicago Law School "We now have almost forty-thousand judgments from more than two dozen international courts and this groundbreaking book is the first true social science effort to understand the rapid emergence of international courts and their role in global politics. Anyone even thinking about studying international courts in law, political science, or sociology will have to start here--this book sets the standard for years to come."--Erik Voeten, Georgetown University

The New Terrain of International Law

Courts, Politics, Rights

Author: Karen J. Alter

Publisher: N.A

ISBN: 9780691154756

Category: Law

Page: 450

View: 3138

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In 1989, when the Cold War ended, there were six permanent international courts. Today there are more than two dozen that have collectively issued over thirty-seven thousand binding legal rulings. The New Terrain of International Law charts the developments and trends in the creation and role of international courts, and explains how the delegation of authority to international judicial institutions influences global and domestic politics. The New Terrain of International Law presents an in-depth look at the scope and powers of international courts operating around the world. Focusing on dispute resolution, enforcement, administrative review, and constitutional review, Karen Alter argues that international courts alter politics by providing legal, symbolic, and leverage resources that shift the political balance in favor of domestic and international actors who prefer policies more consistent with international law objectives. International courts name violations of the law and perhaps specify remedies. Alter explains how this limited power--the power to speak the law--translates into political influence, and she considers eighteen case studies, showing how international courts change state behavior. The case studies, spanning issue areas and regions of the world, collectively elucidate the political factors that often intervene to limit whether or not international courts are invoked and whether international judges dare to demand significant changes in state practices.

The Oxford Handbook of International Adjudication

Author: Cesare PR Romano,Karen J Alter,Yuval Shany

Publisher: OUP Oxford

ISBN: 0191511412

Category: Law

Page: 1072

View: 5445

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The post-Cold War proliferation of international adjudicatory bodies and increase in litigation has greatly affected international law and politics. A growing number of international courts and tribunals, exercising jurisdiction over international crimes and sundry international disputes, have become, in some respects, the lynchpin of the international legal system. The Oxford Handbook of International Adjudication charts the transformations in international adjudication that took place astride the twentieth and twenty-first century, bringing together the insight of 47 prominent legal, philosophical, ethical, political, and social science scholars. Overall, the 40 contributions in this Handbook provide an original and comprehensive understanding of the various contemporary forms of international adjudication. The Handbook is divided into six parts. Part I provides an overview of the origins and evolution of international adjudicatory bodies, from the nineteenth century to the present, highlighting the dynamics driving the multiplication of international adjudicative bodies and their uneven expansion. Part II analyses the main families of international adjudicative bodies, providing a detailed study of state-to-state, criminal, human rights, regional economic, and administrative courts and tribunals, as well as arbitral tribunals and international compensation bodies. Part III lays out the theoretical approaches to international adjudication, including those of law, political science, sociology, and philosophy. Part IV examines some contemporary issues in international adjudication, including the behavior, role, and effectiveness of international judges and the political constraints that restrict their function, as well as the making of international law by international courts and tribunals, the relationship between international and domestic adjudicators, the election and selection of judges, the development of judicial ethical standards, and the financing of international courts. Part V examines key actors in international adjudication, including international judges, legal counsel, international prosecutors, and registrars. Finally, Part VI overviews select legal and procedural issues facing international adjudication, such as evidence, fact-finding and experts, jurisdiction and admissibility, the role of third parties, inherent powers, and remedies. The Handbook is an invaluable and thought-provoking resource for scholars and students of international law and political science, as well as for legal practitioners at international courts and tribunals.

International Court Authority

Author: Mikael Rask Madsen

Publisher: Oxford University Press

ISBN: 0192515039

Category: Law

Page: 450

View: 3119

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An innovative, interdisciplinary and far-reaching examination of the actual reality of international courts, International Court Authority challenges fundamental preconceptions about when, why, and how international courts become important and authoritative actors in national, regional, and international politics. A stellar group of scholars investigate the challenges that international courts face in transforming the formal legal authority conferred by states into an actual authority in fact that is respected by potential litigants, national actors, legal communities, and publics. Alter, Helfer, and Madsen provide a novel framework for conceptualizing international court authority that focuses on the reactions and practices of these key audiences. Eighteen scholars from the disciplines of law, political science and sociology apply this framework to study thirteen international courts operating in Africa, Latin America, and Europe, as well as on a global level. Together the contributors document and explore important and interesting variations in whether the audiences that interact with international courts around the world embrace or reject the rulings of these judicial institutions. Alter, Helfer, and Madsen's authority framework recognizes that international judges can and often do everything they 'should' do to ensure that their rulings possess the gravitas and stature that national courts enjoy. Yet even when imbued with these characteristics, the parties to the dispute, potential future litigants, and the broader set of actors that monitor and respond to the court's activities may fail to acknowledge the rulings as binding or take meaningful steps to modify their behaviour in response to them. For both specific judicial institutions, and more generally, the book documents and explains why most international courts possess de facto authority that is partial, variable, and highly dependent on a range of different audiences and contexts - and thus is highly fragile. An introduction situates the book's unique approach to conceptualizing international court authority within theoretical debates about the authority of global institutions. International Court Authority also includes critical reflections on the authority framework from legal theorists, international relations scholars, a philosopher, and an anthropologist. The book's conclusion questions a number of widely shared assumptions about how social and political contexts facilitate or undermine international courts in developing de facto authority and political power.

The Continent of International Law

Explaining Agreement Design

Author: Barbara Koremenos

Publisher: Cambridge University Press

ISBN: 1316586375

Category: Political Science

Page: N.A

View: 8662

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Every year, states negotiate, conclude, sign, and give effect to hundreds of new international agreements. Koremenos argues that the detailed design provisions of such agreements matter for phenomena that scholars, policymakers, and the public care about: when and how international cooperation occurs and is maintained. Theoretically, Koremenos develops hypotheses regarding how cooperation problems like incentives to cheat can be confronted and moderated through law's detailed design provisions. Empirically, she exploits her data set composed of a random sample of international agreements in economics, the environment, human rights and security. Her theory and testing lead to a consequential discovery: considering the vagaries of international politics, international cooperation looks more law-like than anarchical, with the detailed provisions of international law chosen in ways that increase the prospects and robustness of cooperation. This nuanced and sophisticated 'continent of international law' can speak to scholars in any discipline where institutions, and thus institutional design, matter.

Fundamental Perspectives on International Law

Author: William Slomanson

Publisher: Cengage Learning

ISBN: 0495797197

Category: Political Science

Page: 792

View: 5363

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In a fairly succinct treatment, FUNDAMENTAL PERSPECTIVES ON INTERNATIONAL LAW provides a unique mix of cases, articles, documents, text, charts, tables, and questions. The key concepts of international law are introduced through thoroughly up-to-date content. Important cases are continually updated on the author’s website. The text is complemented by numerous review problems. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.

The European Court's Political Power

Selected Essays

Author: Karen Alter

Publisher: OUP Oxford

ISBN: 0191615692

Category: Language Arts & Disciplines

Page: 364

View: 4978

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Karen Alter's work on the European Court of Justice heralded a new level of sophistication in the political analysis of the controversial institution, through its combination of legal understanding and active engagement with theoretical questions. The European Court's Political Power assembles the most important of Alter's articles written over a fourteen year span, adding an original new introduction and a conclusion that takes an overview of the Court's development and current concerns. Together the articles provide insight into the historical and political contours of the ECJ's influence on European politics, explaining how and why the impact of an institution can vary so greatly over time and access different issues. The book starts with the European Coal and Steel Community, where the ECJ was largely unable to facilitate greater member state respect for ECSC rules. Alter then shows how legal actors orchestrated an activist transformation of the European legal system, with the critical aid of jurist advocacy movements, and via the co-optation of national courts. The transformation of the European legal system wrested control from member states over the meaning of European law, but the ECJ continues to have varying influence across different issues. Alter explains that the differing influence of the ECJ comes from the varied extent to which sub- and supra-national actors turn to it to achieve political objectives. Looking beyond the European experience, the book includes four chapters that put the ECJ into a comparative perspective, examining the extent to which the ECJ experience is a unique harbinger of the future role international courts may play in international and comparative politics.

The Law and Politics of the Andean Tribunal of Justice

Author: Karen J. Alter,Laurence R. Helfer

Publisher: Oxford University Press

ISBN: 0199680787

Category: Law

Page: 380

View: 8400

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The Andean Pact was founded in 1969 to build a common market in South America. Andean leaders copied the institutional and treaty design of the European Community, and in the 1970s, member states decided to add a tribunal, again turning to the European Community as its model. Since its first ruling in 1987, the Andean Tribunal of Justice has exercised authority over the countries which are members of the Andean Community: Bolivia, Colombia, Ecuador, and Peru (formerly also Venezuela). It is now the third most active international court in the world, used by governments and private actors to protect their rights and interests in the region. This book investigates how a region with weak legal institutions developed an effective international rule of law, why the Tribunal was able to induce widespread respect for Andean intellectual property rules but not other areas governed by regional integration rules, and what the Tribunal's experience means for comparable international courts. It also assesses the Andean experience in order to reconsider the European Community system, exploring why the law and politics of integration in Europe and the Andes followed different trajectories. It finally provides a detailed analysis of the key factors associated with effective supranational adjudication. This book collects together previously published material by two leading interdisciplinary scholars of international law and politics, and is enhanced by three original chapters further reflecting on the Andean legal order.

The Puzzle of Peace

The Evolution of Peace in the International System

Author: Gary Goertz,Alexandru Balas

Publisher: Oxford University Press

ISBN: 0199301026

Category: Boundary disputes

Page: 260

View: 7162

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The Puzzle of Peace moves beyond defining peace as the absence of war and develops a broader conceptualization and explanation for the increasing peacefulness of the international system. The authors track the rise of peace as a new phenomenon in international history starting after 1945. International peace has increased because international society has developed a set of norms dealing with territorial conflict, by far the greatest source of international war over previous centuries. These norms prohibit the use of military force in resolving territorial disputes and acquiring territory, thereby promoting border stability. This includes the prohibition of the acquisition of territory by military means as well as attempts by secessionist groups to form states through military force. International norms for managing international conflict have been accompanied by increased mediation and adjudication as means of managing existing territorial conflicts.

The Politics of Women's Rights in Iran

Author: Arzoo Osanloo

Publisher: Princeton University Press

ISBN: 1400833167

Category: Social Science

Page: 280

View: 3030

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In The Politics of Women's Rights in Iran, Arzoo Osanloo explores how Iranian women understand their rights. After the 1979 revolution, Iranian leaders transformed the state into an Islamic republic. At that time, the country's leaders used a renewed discourse of women's rights to symbolize a shift away from the excesses of Western liberalism. Osanloo reveals that the postrevolutionary republic blended practices of a liberal republic with Islamic principles of equality. Her ethnographic study illustrates how women's claims of rights emerge from a hybrid discourse that draws on both liberal individualism and Islamic ideals. Osanloo takes the reader on a journey through numerous sites where rights are being produced--including Qur'anic reading groups, Tehran's family court, and law offices--as she sheds light on the fluid and constructed nature of women's perceptions of rights. In doing so, Osanloo unravels simplistic dichotomies between so-called liberal, universal rights and insular, local culture. The Politics of Women's Rights in Iran casts light on a contemporary non-Western understanding of the meaning behind liberal rights, and raises questions about the misunderstood relationship between modernity and Islam.

Shades of Freedom

Racial Politics and Presumptions of the American Legal Process

Author: A. Leon Higginbotham Jr.

Publisher: Oxford University Press

ISBN: 0190284099

Category: Social Science

Page: 352

View: 926

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Few individuals have had as great an impact on the law--both its practice and its history--as A. Leon Higginbotham, Jr. A winner of the Presidential Medal of Freedom, the nation's highest civilian honor, he has distinguished himself over the decades both as a professor at Yale, the University of Pennsylvania, and Harvard, and as a judge on the United States Court of Appeals. But Judge Higginbotham is perhaps best known as an authority on racism in America: not the least important achievement of his long career has been In the Matter of Color, the first volume in a monumental history of race and the American legal process. Published in 1978, this brilliant book has been hailed as the definitive account of racism, slavery, and the law in colonial America. Now, after twenty years, comes the long-awaited sequel. In Shades of Freedom, Higginbotham provides a magisterial account of the interaction between the law and racial oppression in America from colonial times to the present, demonstrating how the one agent that should have guaranteed equal treatment before the law--the judicial system--instead played a dominant role in enforcing the inferior position of blacks. The issue of racial inferiority is central to this volume, as Higginbotham documents how early white perceptions of black inferiority slowly became codified into law. Perhaps the most powerful and insightful writing centers on a pair of famous Supreme Court cases, which Higginbotham uses to portray race relations at two vital moments in our history. The Dred Scott decision of 1857 declared that a slave who had escaped to free territory must be returned to his slave owner. Chief Justice Roger Taney, in his notorious opinion for the majority, stated that blacks were "so inferior that they had no right which the white man was bound to respect." For Higginbotham, Taney's decision reflects the extreme state that race relations had reached just before the Civil War. And after the War and Reconstruction, Higginbotham reveals, the Courts showed a pervasive reluctance (if not hostility) toward the goal of full and equal justice for African Americans, and this was particularly true of the Supreme Court. And in the Plessy v. Ferguson decision, which Higginbotham terms "one of the most catastrophic racial decisions ever rendered," the Court held that full equality--in schooling or housing, for instance--was unnecessary as long as there were "separate but equal" facilities. Higginbotham also documents the eloquent voices that opposed the openly racist workings of the judicial system, from Reconstruction Congressman John R. Lynch to Supreme Court Justice John Marshall Harlan to W. E. B. Du Bois, and he shows that, ironically, it was the conservative Supreme Court of the 1930s that began the attack on school segregation, and overturned the convictions of African Americans in the famous Scottsboro case. But today racial bias still dominates the nation, Higginbotham concludes, as he shows how in six recent court cases the public perception of black inferiority continues to persist. In Shades of Freedom, a noted scholar and celebrated jurist offers a work of magnificent scope, insight, and passion. Ranging from the earliest colonial times to the present, it is a superb work of history--and a mirror to the American soul.

EU Law Stories

Contextual and Critical Histories of European Jurisprudence

Author: Fernanda Nicola,Bill Davies

Publisher: Cambridge University Press

ISBN: 1108210562

Category: Law

Page: N.A

View: 3625

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Through an interdisciplinary analysis of the rulings of the Court of Justice of the European Union, this book offers 'thick' descriptions, contextual histories and critical narratives engaging with leading or minor personalities involved behind the scenes of each case. The contributions depart from the notion that EU law and its history should be narrated in a linear and incremental way to show instead that law evolves in a contingent and not determinate manner. The book shows that the effects of judge-made law remain relatively indeterminate and each case can be retold through different contextual narratives, and shows the commitment of the European legal elites to the experience of legal reasoning. The idea to cluster the stories around prominent cases is not to be fully comprehensive, but to re-focus the scholarship and teaching of EU law by moving beyond the black letter and unravel the lawyering techniques to achieve policy results.

The International Criminal Court and Peace Processes in Africa

Judicialising Peace

Author: Line Gissel

Publisher: Routledge

ISBN: 1351591894

Category: Political Science

Page: 210

View: 8924

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The book investigates how involvement by the International Criminal Court (ICC) affects efforts to negotiate peace. It offers an interpretive account of how peace negotiators and mediators in two peace processes in Uganda and Kenya sought to navigate and understand the new terrain of international justice, while also tracing how and why international decision-making processes interfered with the negotiations, narrated the conflicts and insisted on a narrow scope of justice. Building on this interpretive analysis, a comparative analysis of peace processes in Uganda, Kenya and Colombia explores a set of general features pertaining to the judicialisation of peace. Line Engbo Gissel argues that the level and timing of ICC involvement is key to the ICC’s impact on peace processes and explains why this is the case: a high level of ICC involvement during the negotiation phase of a peace process delegates politico-legal and discursive authority away from peace process actors, while a low level of ICC involvement during the negotiation phase retains such forms of authority at the level of the peace process. As politico-legal authority enables the resolution of sticking points and discursive authority constructs the conflict and its resolution, the location of authority is important for the peace process. Furthermore, judicialisation also affects the negotiation and implementation of a justice policy, with a narrowing scope for justice accompanying increasing levels of ICC involvement.

Political Institutions and Lesbian and Gay Rights in the United States and Canada

Author: Miriam Smith

Publisher: Routledge

ISBN: 1135859191

Category: Political Science

Page: 244

View: 1813

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Lesbian and gay citizens today enjoy a much broader array of rights and obligations and a greater ability to live their lives openly in both the U.S. and Canada. However, while human rights protections have been exponentially expanded in Canada over the last twenty years, even basic protections in areas such as employment discrimination are still unavailable to many in the United States. This book examines why these similar societies have produced such divergent policy outcomes, focusing on how differences between the political institutions of the U.S. and Canada have shaped the terrain of social movement and counter-movement mobilization. It analyzes cross-national variance in public policies toward lesbians and gay men, especially in the areas of the decriminalization of sodomy, the passage of anti-discrimination laws, and the enactment of measures to recognize same-sex relationships. For political science, sociology, and queer studies alike, this book will prove vital as movements for lesbian and gay rights continue to recast the social landscape in North America and beyond.

Between Equal Rights

A Marxist Theory of International Law

Author: China Miéville

Publisher: Haymarket Books

ISBN: 1931859337

Category: Law

Page: 375

View: 7910

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Mieville critically examines existing theories of international law and offers a compelling alternative Marxist view.

Speaking Freely

Trials of the First Amendment

Author: Floyd Abrams

Publisher: Penguin

ISBN: 110120107X

Category: Political Science

Page: 352

View: 1879

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The rights guaranteed in the First Amendment—including freedom of expression—are among the fundamental touchstones of our democracy. In Speaking Freely, Floyd Abrams, who for over thirty years has been our most eloquent and respected advocate for uncensored expression, recounts some of the major cases of his remarkable career—landmark trials and Supreme Court arguments that have involved key First Amendment protections.With adversaries as diverse as Richard Nixon and Wayne Newton and allies as unlikely as Kenneth Starr, Abrams takes readers behind the scenes to explain his strategies, the ramifications of each decision, and its long-term significance, presenting a clear and compelling look at the law in action.

Power, Politics and the Emotions

Impossible Governance?

Author: Shona Hunter

Publisher: Routledge

ISBN: 1136004327

Category: Law

Page: 226

View: 6272

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How can we rethink ideas of policy failure to consider its paradoxes and contradictions as a starting point for more hopeful democratic encounters? Offering a provocative and innovative theorisation of governance as relational politics, the central argument of Power, Politics and the Emotions is that there are sets of affective dynamics which complicate the already materially and symbolically contested terrain of policy-making. This relational politics is Shona Hunter’s starting point for a more hopeful, but realistic understanding of the limits and possibilities enacted through contemporary governing processes. Through this idea Hunter prioritises the everyday lived enactments of policy as a means to understand the state as a more differentiated and changeable entity than is often allowed for in current critiques of neoliberalism. But Hunter reminds us that focusing on lived realities demands a melancholic confrontation with pain, and the risks of social and physical death and violence lived through the contemporary neoliberal state. This is a state characterised by the ascendency of neoliberal whiteness; a state where no one is innocent and we are all responsible for the multiple intersecting exclusionary practices creating its unequal social orderings. The only way to struggle through the central paradox of governance to produce something different is to accept this troubling interdependence between resistance and reproduction and between hope and loss. Analysing the everyday processes of this relational politics through original empirical studies in health, social care and education the book develops an innovative interdisciplinary theoretical synthesis which engages with and extends work in political science, cultural theory, critical race and feminist analysis, critical psychoanalysis and post-material sociology.

The Endtimes of Human Rights

Author: Stephen Hopgood

Publisher: Cornell University Press

ISBN: 0801469309

Category: Political Science

Page: 272

View: 7506

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"We are living through the endtimes of the civilizing mission. The ineffectual International Criminal Court and its disastrous first prosecutor, Luis Moreno-Ocampo, along with the failure in Syria of the Responsibility to Protect are the latest pieces of evidence not of transient misfortunes but of fatal structural defects in international humanism. Whether it is the increase in deadly attacks on aid workers, the torture and 'disappearing' of al-Qaeda suspects by American officials, the flouting of international law by states such as Sri Lanka and Sudan, or the shambles of the Khmer Rouge tribunal in Phnom Penh, the prospect of one world under secular human rights law is receding. What seemed like a dawn is in fact a sunset. The foundations of universal liberal norms and global governance are crumbling."—from The Endtimes of Human Rights In a book that is at once passionate and provocative, Stephen Hopgood argues, against the conventional wisdom, that the idea of universal human rights has become not only ill adapted to current realities but also overambitious and unresponsive. A shift in the global balance of power away from the United States further undermines the foundations on which the global human rights regime is based. American decline exposes the contradictions, hypocrisies and weaknesses behind the attempt to enforce this regime around the world and opens the way for resurgent religious and sovereign actors to challenge human rights. Historically, Hopgood writes, universal humanist norms inspired a sense of secular religiosity among the new middle classes of a rapidly modernizing Europe. Human rights were the product of a particular worldview (Western European and Christian) and specific historical moments (humanitarianism in the nineteenth century, the aftermath of the Holocaust). They were an antidote to a troubling contradiction—the coexistence of a belief in progress with horrifying violence and growing inequality. The obsolescence of that founding purpose in the modern globalized world has, Hopgood asserts, transformed the institutions created to perform it, such as the International Committee of the Red Cross and recently the International Criminal Court, into self-perpetuating structures of intermittent power and authority that mask their lack of democratic legitimacy and systematic ineffectiveness. At their best, they provide relief in extraordinary situations of great distress; otherwise they are serving up a mixture of false hope and unaccountability sustained by “human rights” as a global brand. The Endtimes of Human Rights is sure to be controversial. Hopgood makes a plea for a new understanding of where hope lies for human rights, a plea that mourns the promise but rejects the reality of universalism in favor of a less predictable encounter with the diverse realities of today’s multipolar world.

Searching for Contemporary Legal Thought

Author: Justin Desautels-Stein,Christopher Tomlins

Publisher: Cambridge University Press

ISBN: 1108363660

Category: Law

Page: N.A

View: 7787

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For more than a century, law schools have trained students to 'think like a lawyer'. In these times of legal crisis, both in legal education and in global society, what does that mean for the rest of us? In this book, thirty leading international scholars - including Louis Assier-Andrieu, Marianne Constable, Yves Dezalay, Denise Ferreira da Silva, Bryant Garth, Peter Goodrich, Duncan Kennedy, Martti Koskenniemi, Shaun McVeigh, Samuel Moyn, Annelise Riles, Charles Sabel and William Simon - examine what is distinctive about legal thought. They probe the relation between law and time, law and culture, and legal thought and legal action; the nature of current legal thought; the geography of legal thought; and the conditions for recognition of a new 'contemporary' style of law. This work will help theorists, social scientists, historians and students understand the intellectual context of legal problems, legal doctrine, and jurisprudential trends in the current conjuncture.